Judge Blocks Middletown's Eminent Domain Attempt For Parking Project

MIDDLETOWN — — A Superior Court judge has blocked the city's attempt to take a portion of a property on Clinton Avenue by eminent domain to use it as part of the Kings Avenue parking project.

In a decision issued April 17, Judge Edward Domnarski said the city failed to share two independent appraisals with the property owners, and therefore did not strictly comply with eminent domain procedures as set by the state legislature in 2007.

The property owners, Keith and Marilyn Emery of Maryland, also own the "Trolley Barn" property along Kings Avenue, near the new Community Health Center building on Main Street.

Attorney Tim Hollister of Shipman and Goodwin represented the Emerys in the case. He said the owners have been trying to develop the Trolley Barn for several years, and the portion of the Clinton Avenue parcel the city was trying to take would serve as the parking for future development there.

"This piece is integral to the value of the Trolley Barn property and [the owners] were concerned about losing valuable access and parking," Hollister said. "The building is kind of old and in need of some repair, but it's a very visible and prominent location coming right off the Arrigoni Bridge and Route 9 and the north end of Main Street."

He said the property owners did not want to sell the portion of the Clinton Avenue parcel because it would limit future uses. He said they briefly discussed a sale price with the city, but they felt the city's offer was too low.

"The city had a very different view of what the basis of the value is," Hollister said. "There were discussions but they were never close [to making a deal]."

The common council gave city officials approval to seek the property through eminent domain in September 2011. City officials said at the time that they offered to pay $50,000 for the property twice, but the offer was rejected.

A plan for the lot at the time called for creating 60 parking spaces and putting in pay stations, lighting and security features for paid daytime parking. At night, the lot would be available for area residents who have no off-street parking.

Mayor Daniel Drew said he has not yet decided whether to continue pursuing the property as part of the Kings Avenue parking project, but said adding parking for North End residents and businesses will remain a priority.

"The people who live in the North End have very limited parking available," Drew said. "It would free up a lot of space. It's still badly needed in the neighborhood."

Domnarski also ruled that the city is permanently prohibited from trying to take the property again by eminent domain unless it starts the eminent domain process from the beginning.

"There is nothing in the opinion prohibiting us from taking another vote and following the proper procedures this time," said City Attorney Brigham Smith.